Losing a loved one is never easy, and when their death is caused by someone else’s negligence or wrongful actions, the pain and suffering can be even more difficult to bear. In Florida, the law allows surviving family members and dependents of the deceased person to file a wrongful death claim and seek compensation for their damages.
However, the process can be complex, and there are many legal questions and concerns that arise. In this article, we will explore frequently asked questions about wrongful death claims in Florida, including who can file a claim, what damages are available, and how the process works.
Whether you’re dealing with the aftermath of a tragic loss or simply want to understand your legal rights, this guide will provide valuable information to help you navigate this difficult and emotional time.
You should also work with Florida wrongful death lawyers, who can further help you understand your legal rights and options.
What is wrongful death?
Wrongful death is a legal term used to describe a situation where a person dies due to someone else’s wrongful or negligent actions. In other words, a wrongful death occurs when someone’s actions or omissions cause the death of another person.
Examples of situations that may give rise to a wrongful death claim include:
- Car, truck, or motorcycle accidents caused by someone else’s negligence or recklessness
- Medical malpractice, including surgical errors, misdiagnosis, or medication errors
- Workplace accidents caused by an employer’s failure to provide a safe work environment or provide adequate training
- Defective products that cause injury or death
- Criminal acts, such as homicide or manslaughter
In a wrongful death claim, the surviving family members or dependents of the deceased person may be able to recover damages to compensate them for the financial and emotional losses they have suffered due to their loved one’s death. The damages may include medical and funeral expenses, lost income and benefits, loss of companionship, and pain and suffering.
Who can file a wrongful death claim in Florida?
The personal representative of the deceased individual’s estate will file a wrongful death claim. This is done for the deceased person’s family members who experienced losses due to the death.
Under Florida law, the deceased person’s surviving spouse, children, and parents are eligible to recover damages in a wrongful death claim. If no surviving members are in those categories, other family members, such as siblings or grandparents, may be eligible to file a claim.
Additionally, any financial dependents of the deceased person may be eligible to recover damages in a wrongful death claim.
It is important to note that Florida law has a statute of limitations on wrongful death claims. In most cases, the claim must be filed within two years from the date of the person’s death.
What damages can you recover in a Florida wrongful death lawsuit?
In a Florida wrongful death claim, surviving family members and dependents may be able to recover damages for the financial and emotional losses they have suffered due to their loved one’s death. The damages that may be available in a wrongful death claim can vary depending on the specific circumstances of the case but typically include the following:
- Medical and funeral expenses: The surviving family members may be able to recover the reasonable costs of medical treatment and funeral expenses related to the deceased person’s final injury or illness.
- Lost income and benefits: The surviving family members may be able to recover the value of the deceased person’s lost wages and benefits, including potential future earnings that would have been earned if the deceased person had lived.
- Loss of companionship: The surviving family members may be able to recover damages for the loss of the deceased person’s companionship, comfort, and society.
- Pain and suffering: The surviving family members may be able to recover damages for the mental pain and suffering they have experienced due to the loss of their loved one.
- Punitive damages: In some cases, the court may award punitive damages to punish the defendant for their wrongdoings and deter others from engaging in similar conduct.
It is important to note that the damages available in a wrongful death claim may be affected by various factors, including the age and health of the deceased person, their earning potential, and the extent of their financial contributions to the surviving family members.
What is a survival action?
In Florida, a survival action is a legal claim that may be brought on behalf of the estate of a deceased person who died due to another person’s wrongful actions or negligence. A survival action is separate from a wrongful death claim, although both claims may arise from the same incident.
The purpose of a survival action is to allow the deceased person’s estate to recover damages for the losses that the deceased person suffered as a result of their injury or illness between the time of the injury and the time of their death. These damages are similar to the ones recovered in a wrongful death claim.
A survival action is typically brought by the personal representative of the deceased person’s estate, and the damages awarded in the claim become assets of the estate. The personal representative must distribute the damages to the estate’s beneficiaries according to the terms of the deceased person’s will or, if there is no will, according to the laws of intestacy.
It is important to note that the statute of limitations for filing a survival action in Florida is generally four years from the injury or illness that caused the deceased person’s death.
Let Florida Wrongful Death Lawyers Help You Understand Your Rights and Options
Filing a wrongful death claim in Florida can be a complex and emotional process, but understanding your legal rights and options is important to ensure that you and your family can receive the compensation you deserve for the losses you have suffered.
From who can file a claim to what damages are available, this guide has answered some of the most common questions about filing a wrongful death claim in Florida. However, every case is unique, and it is important to consult with an experienced attorney who can provide personalized advice and guidance. By working with a skilled legal team, you can be confident that your rights will be protected and you will have the support you need to navigate this difficult time.
Conclusion
Losing a loved one due to someone else’s wrongful or negligent actions can be a devastating experience. Fortunately, the state of Florida allows surviving family members and dependents of the deceased person to file a wrongful death claim and seek compensation for their damages. This process can be complex, and there are many legal questions and concerns that arise. In this article, we have explored frequently asked questions about wrongful death claims in Florida, including who can file a claim, what damages are available, and how the process works.
We have learned that the personal representative of the deceased individual’s estate will file a wrongful death claim on behalf of the deceased person’s family members who experienced losses due to the death. Under Florida law, the surviving spouse, children, and parents of the deceased person are eligible to recover damages in a wrongful death claim. The damages that may be available can vary depending on the specific circumstances of the case but typically include medical and funeral expenses, lost income and benefits, loss of companionship, and pain and suffering.
We also discussed the legal claim of survival action which may bring on behalf of the estate of a deceased person who died because of another person‘s wrongful actions or negligence. The purpose of a survival action is to allow the estate to recover damages for the losses that the deceased person suffered as a result of their injury or illness between the time of the injury and the time of their death.
